Professional Documents
Culture Documents
Reglas Lisboa
Reglas Lisboa
* The Lisbon Rules as produced here with Introductory Note are taken from the CMINews
Lezter of Spring 1987.
(1987) 4 MLAANZ Journal
(b) Reimbursement of salvage, general average and other charges and expenses
reasonably incurred as a result of the collision.
(c) Reimbursement of sums, for which the Claimant has become legally liable
and has paid to third parties in respect of such liability, arising out of the
collision by reason of contractual, statutory or other legal obligations.
(d) Reimbursement for the net freight lost and the cost of replacing bunkers and
vessel's gear lost as a result of the collision and not included in the cost of
repairs under Rule I1 l.(a).
2. Damages recoverable shall also include:
(a) Subject to reimbursement for any claim for loss of freight under Rule I1
l.(d), compensation for the net loss of earnings arising from the collision.
This compensation shall be assessed by establishing the grossearnings of the
vessel lost during detention, calculated by reference to the vessel's earnings
or by reference to the earnings of comparable vessels in the same trade and
then deducting from the gross earnings the operating costs which would
normally have been incurred in order to achieve the gross earnings, such as
hire payable, crew and bunker costs, port disbursements and insurance.
(b) Operating costs and expenses actually incurred during detention, other than
those included under Rule I1 1.
3. In the interpretation of Rule I1 2., the following particular provisions will also
apply:
(a) When detention occurs during the performance of a voyage charterparty and
such detention does not entail cancellation of the charterparty, compen-
sation shall be calculated by applying the average net earnings on the two
voyages prior to and the two voyages subsequent to the detention.
When no reference to two prior and two subsequent voyages is possible, the
net earnings on other relevant voyages or if there are no other relevant
voyages on the voyage during which the collision took place shall form the
basis of compensation.
If in consequence of such detention the charterparty is cancelled, and freight
remains unearned compensation shall include the net freight lost.
(b) When a detention occurs while the vessel is being operated on a liner service,
compensation for detention shall be assessed as follows:
i. when detention occurs during the voyage which the vessel is performing
at the time of the collision by applying to the detention the net daily
earnings for that voyage, computed for the time the voyage would have
taken had the collision not occurred.
ii. when detention occurs other than during the voyage which the vessel is
performing at the time of the collision, by applying to the detention the
average net earnings on the two voyages prior to and the two voyages
subsequent to the detention. When reference to two prior and two
subsequent voyages is not possible, the basis of the computation will be
the net earnings on other relevant voyages. If there are no other relevant
voyages the compensation will be assessed by reference to the net earnings
of a similar vessel operating in a similar trade.
(c) When detention occurs while the vessel is performing under a time charter,
compensation shall include the net loss of hire during the detention. If in
consequence of such detention the charterparty is cancelled, compensation
Lisbon Rules
shall include the net hire which would have been paid during the
unperformed portion of the charter, allowance being made for any actual net
earnings during that portion.
4. When collision damage repairs are carried out in conjunction with Owners' work
which is essential to the seaworthiness of the vessel or with essential repair work
arising out of another incident or are deferred to and carried out at a routine
docking, damages shall include compensation for detention only to the extent
that the period under repair is extended by reason of the collision damage repairs.
RULE 111
Property on board
1. The Claimant shall be entitled to recover damages when property has been lost or
damaged in consequence of the collision.
2. I n the case of property having a commercial value such damages shall be
calculated as follows:
(a) If such property is lost, the Claimant shall be entitled to reimbursement of
the market value at the port of destination at the time when it should have
arrived, less any expenses saved.
When such market value cannot be determined, the value of the property
shall be the shipped value plus freight and the cost of insurance if incurred
by the Claimant, plus a margin for profit assessed at no more than 10%of the
value of the property calculated as above.
(b) If such property is damaged, the Claimant shall be entitled to damages equal
to the difference between the value of the property in sound condition at
destination and its value in damaged condition.
Where physical damage to such property arises from the prolongation of the
voyage following the collision, the compensation shall be fured on the same
basis. However, where the loss arises from a fall in the market during such
prolongation there shall be no right to damages.
3. I n the case of any other property the Claimant shall be entitled to recover:
(a) Where the property has been lost or is irreparable: its value or the reasonable
cost of its replacement;
(b) Where the property is damaged and can be repaired: the reasonable cost of
repairs, but not exceeding its value or the reasonable cost of its replacement.
RULE IV
Interest
1. Interest on damages is recoverable in addition to the principal sum.
2. For claims under Rule I 1, interest shall run from the date of the collision to the
date of payment.
For all other claims, interest shall run from the date the loss was sustained or the
expense was incurred to the date of payment.
3. Where under Rule V the damages are to be calculated in Special Drawing Rights
(SDR), the rate of interest shall be the average London rate for three months
SDR linked deposits in the period that interest runs; otherwise the rate of interest
shall be ten percent per annum.
(1987) 4 MLAANZ Journal
RULE V
Currency
Unless the parties have agreed to apply a specific currency in the calculation of
their damages the following procedure shall be adopted:
- losses or expenses shall be converted from the currency in which they are
incurred into Special Drawing Rights (SDR) at the rate of exchange prevailing
on the day the losses or expenses were incurred.
- the final amounts due shall be calculated in SDR and the balance due shall be
paid to the Claimant in the currency of his choice at the rate of exchange
prevailing on the date of payment.
- where no official SDR exchange rate is quoted for the currency, conversions to
and from SDR shall be made by reference to U.S. dollars.
11 April, 1987.
AGREEMENT
RE: ...................
.... ....
.............................................................
(0)
The parties hereto agree that their respective claims arising out of the above incident
shall be assessed in accordance with the Libson Rules 1987.